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Recent Posts in Attorney Abuses Category

Marriage of Sagonowsky | Family Code 271 Sanctions Limited to Awards For Attorney Fees and Costs | Try CCP Section 128.5!

Family Code Section 271 Only Authorizes Trial Courts to Issue Sanctions' Awards in the Form of Attorney Fees and Costs, and Not General Damages for the Consequences of Alleged Misconduct We've ...
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Tips for Winning Sanctions' Requests in Divorce and Family Law Cases!

TIPS FOR WINNING OR DEFENDING AGAINST SANCTIONS REQUESTS IN DIVORCE AND FAMILY LAW CASES Let's realistically discuss sanctions requests, as they may apply in whatever State you reside in although ...
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Do I Need to Disclose My Bonus to My Wife if a Divorce Is Pending?

Is There An Obligation to Tell My Husband About the Year-End Bonus I Am About to Receive? This is a tough topic, because if you've found yourself here it is because you are struggling with your ...
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Marriage of Murchison - Can I Disqualify My Spouse's Attorney?

REQUIREMENT OF "STANDING" TO DISQUALIFY OPPOSING DIVORCE COUNSEL Feel like the other party’s attorney has been unethical in your divorce case and want them disqualified from hassling ...
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I've FIRED MY ATTORNEY But She Won't Release My FILES - What Should I do?

Q. I want to fire my divorce attorney. She claims I owe her money for legal services, but I don't feel I owe her because I was double billed for some items, and she is actually charging me 4 hours of ...
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When Does Making Threats In Divorce and Family Law Proceedings Become Extortion or 'Merely' Unethical?

Divorce Lawyer Ethics: Threatening Criminal, Administrative, or Disciplinary Action to Advance a Civil Cause (The Get 'Em Over a Barrel Ethical Quandary) By: Michael C. Peterson As a California ...
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I Received the Husband's PRELIMINARY DECLARATION OF DISCLOSURE But It Omits to VALUE Any Asset. Is This Proper?

Q. I am an attorney practicing in San Bernardino. I represent the wife in a dissolution action we filed and served a little more than 60 days ago. I recently received from opposing counsel her ...
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Some Pointers for Lawyers and Parties Who Face SURPRISE MOTIONS TO QUASH

Q. How should I handle a motion to quash in a family law proceeding when the other party brings it up at the first hearing? Anticipating and Opposing Last Minute, Bogus, Motions to Quash Service of ...
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Marriage of Kahn - Self-Represented Parties, Discovery Sanctions and Indio Divorce Attorneys

Marriage of Kahn (2013) 215 Cal.App.4th 1113 - Don't Think You Can Get Away With Discovery Game Playing By Becoming Self-Represented! Or "How to Avoid Divorce Trance for Lawyers Who Represent ...
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New Requirement for MEET AND CONFER Before RFO Hearings!

Parties to Family Law and Divorce Litigation Are Now Required to "Meet and Confer" Before Hearings In the never ending struggle to force family law litigants to stop the bickering and ...
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ATTORNEY FEE ETHICS - Some Basic Things to Watch For Regarding Family Case Fees and Billings

Red Flags To Watch for in Retaining Your Family Law Attorney Here are some useful pointers about attorney fee arrangements that most divorce clients aren't aware of, and which many attorneys ...
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Dividing JOINTLY TITLED PROPERTY Acquired Before Marriage (or RDP) - Family Law Act or Partition?

Family Court Jurisdiction to Divide Jointly Titled Properties Acquired Before Marriage or Domestic Partnership Registration: Family Code Section 2650 My office seems to be the final resting place for ...
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A Family Court Judge's Perspective On EFFECTIVE ADVOCACY

Here is an article that Indio Superior Court Judge Dale R. Wells wrote for publication in the Desert Bar Association's, Family Law Section, monthly newsletter (June, 2012, Vol. 6:12). His article ...
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Divorce and Family Law HORROR STORIES - How the System Is Broken! SHARE Yours With Us?

Share Your Family Law Horror Story ? I want to thank all of you who write me about the difficult circumstances and horror stories surrounding your divorce and other family law matters, both in and out ...
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Divorce and Family Lawyers Who LIE - EQUANIMITY and DIVORCE PRACTICE

Divorce Lawyers Who Lie Some lawyers, like some people, lie to the Court - particularly in the more contentious of family law cases where emotions run highest. Our culture (and our lower natures) ...
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Marriage of Davenport: Trial Court SANCTIONS Wife Under FC Section 271 for Her ATTORNEYS' "UNBRIDLED AGGRESSION" In Family Court Proceedings!

A Shifting Judicial Response to Overzealous Advocacy: Excessively Exuberant and Inflammatory Litigation Tactics Will Not Be Tolerated in California Marriage of Davenport (2011) 194 Cal.App.4th 1507 In ...
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I have an attorney but what if I want a SECOND OPINION?

Q. I am represented by an attorney. However, I don't have a lot of faith in him anymore and now trial is scheduled in four months. Am I being paranoid in wanting a second opinion about my divorce ...
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